Terms and Conditions
This document was last revised on 01/07/2016.
A 10% deposit is required at the time of booking. For those who prefer to make full payment, this is also an option.
Please note that in the event of cancellation Ace will charge a 10% penalty.
RENTAL CAR DRIVER ELIGIBILITY
All drivers of Ace Rental Car vehicles must be 18 years of age or older and must hold a valid, unrestricted driver’s licence. If you hold an overseas licence you are eligible to legally drive, provided that you have not received a disqualification or suspension in New Zealand, you arrived in the country less than 12 months ago and you know the New Zealand road rules.
All persons driving the vehicle must be named as Drivers on the rental agreement.
NON-ENGLISH LICENCE HOLDERS
If your license is not in English you must also carry a translation from an approved translator (see https://www.nzta.govt.nz/driver-licences/new-residents-and-visitors/approved-translators/ for details).
The remainder of the document provides all of the information from the rental agreement and is provided for reference.
RENTAL AGREEMENT – TERMS & CONDITIONS OF HIRE
1. THE HIRER’S OBLIGATION
- It is the Hirer’s responsibility to be aware of & comply with all road rules & regulations & this Agreement.
- A copy of the Agreement must be kept in the Vehicle throughout the term of the hire & produced at the request of any police officer or authorised employee of the Ministry of Transport.
- The Hirer shall maintain water, oil and fuel levels at proper levels & tyres at proper pressure.
- The Hirer shall take all reasonable care in handling/parking the Vehicle and ensure it is secure when not in use.
- New Zealand law stipulates use of approved child restraints for all children aged under 7. It is the Hirer’s responsibility to ensure the correct installation of baby and/or booster seats.
- If driving in snow conditions the Hirer must fit Snow Chains which must be fitted properly and securely so as to not damage the Vehicle.
- The Hirer shall pay the cost of all fuel used during the term of hire and return the Vehicle fully refuelled.
- The Hirer is liable to Ace for any loss or damage to the Vehicle including spare parts and accessories and for any salvage cost arising during the hire period and any consequential losses (including loss of revenue Ace may suffer by not having the Vehicle available to hire). The Hirer is liable for any loss or damage to third party’s property arising from use or misuse of the Vehicle during the hire period.
2. ACE’S OBLIGATION
- Subject to clause 14.1, Ace shall supply the Vehicle in a safe and roadworthy condition. If for any reason the Hirer suspects the vehicle is not, the Hirer must immediately stop driving the Vehicle, call Ace for instructions and remain stopped until directed otherwise. Ace has no liability if the Hirer or driver fails to observe this term.
- The Vehicle can only be driven by drivers named in this Agreement or otherwise approved in writing by Ace. Drivers may be added during the hire term by presenting this Agreement and the proposed driver at an Ace branch.
- All drivers must carry a valid licence when driving the Vehicle. Non-English licence holders must meet the conditions specified by New Zealand Transport Agency (NZTA) proof of which is required by Ace.
4. MECHANICAL REPAIRS & ACCIDENTS
- If the Vehicle is damaged (no matter how minor) or requires repair or salvage the Hirer shall advise Ace of the full circumstances by telephone within 24 hours.
- Any damage to the Vehicle (no matter how minor) must also be recorded on the card provided.
- The Hirer shall not undertake any repairs or salvage without the authority of Ace unless that is necessary to prevent further damage to the Vehicle or other property. All costs of salvage are at the Hirer’s expense.
- The Hirer shall ensure that no person shall interfere with the distance recorder, speedometer, transmission, brakes or suspension system or any part of the engine of the Vehicle.
5. USE OF THE VEHICLE
The hirer shall not:
- Permit the Vehicle to be used for the carriage of passengers for hire or reward (including drivers for ride-sharing services) unless the Vehicle is hired with Ace’s approval in writing for use in a passenger service licensed under Part 4 of the Land Transport Act 1998 (the Act);
- Sublet or hire the Vehicle to any other person;
- Allow the Vehicle to be operated by any person not named as a driver in this Agreement;
- Operate the Vehicle, or allow it to be operated while under the influence of any drink or drug or in circumstances that constitute an offence against sections 56, 57 and 58 of the Act;
- Operate the Vehicle, or allow it to be operated, in breach of the Act, any other act, regulation or by-laws relating to road traffic;
- Operate the Vehicle or permit it to be operated in any race, speed test, rally or contest or any practice run prior to such an event;
- Operate the Vehicle or allow it to be operated for the transport of more than the number of passengers or more than the gross vehicle mass specified in the certificate of the loading of the Vehicle;
- Drive or allow the Vehicle to be driven by any person, if at the time of driving, the driver is not the holder of a full current driver’s licence appropriate for the Vehicle;
- Drive or allow the Vehicle to be, (a) driven off-road, or (b) driven on roads other than tar-sealed or metal roads, or (c) driven on Skippers Canyon Road (Queenstown), or (d) the road to Macetown in the Queenstown area, or (e) Tasman Valley Road (Mt. Cook), or (f) on any beach whatsoever (including 90 Mile Beach);
- Operate the Vehicle or permit it to be operated to tow or propel any other Vehicle;
- Transport any animal in the Vehicle other than a disability assist dog as defined in the Dog Control Amendment Act 2006;
- Operate or allow the Vehicle to be used in connection with any illegal activity;
- Allow any person to smoke in the Vehicle.
6. IMMEDIATE RETURN OF VEHICLE AT REQUEST
- Ace may terminate this Agreement without notice and take immediate possession of the Vehicle if the Hirer fails to comply with the terms of this Agreement or upon request by the police.
- Any termination under clause 6.1 of this Agreement by Ace is without prejudice to any rights Ace has in law.
7. INSURANCE CONDITIONS
- Subject to the Excess, the exclusions set out below and the express terms of the policy, the Hirer & any driver authorised to drive the Vehicle is indemnified in respect of liability he or she might have to Ace for loss or damage of the Vehicle, its accessories & spare parts (Vehicle) & any consequential loss of revenue or other expenses of Ace.
- Subject to the Excess, the exclusions set out below and the express terms of the policy, the Hirer & any authorised driver of the Vehicle is indemnified to the extent of $1,000,000 in respect of any liability he or she might have for damage to any third party’s property (including any animal) arising from use of the Vehicle.
8. EXCLUSIONS TO INSURANCE COVER
- The Hirer acknowledges that Ace’s insurance detailed in section 7 will not apply where:
- The driver of the Vehicle is under the influence of alcohol or any drug that affects his or her ability to drive the Vehicle;
- The Vehicle is in an unsafe or unroadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the Hirer or driver was aware or ought to have been aware of the unsafe or unroadworthy condition of the Vehicle;
- The Vehicle is operated in any race, speed test, rally or contest or any practice run prior to such an event;
- The Vehicle is driven by any person other than the Hirer or driver named in this Agreement as a person permitted to drive the Vehicle;
- Tthe Vehicle is driven by any person who at the time he or she drives the Vehicle is disqualified from holding a driver’s licence appropriate for that Vehicle or is otherwise an unlicensed person;
- The Vehicle is wilfully or recklessly damaged by the Hirer or person authorised by Ace to drive the Vehicle, or the Vehicle is lost as a result of the wilful or reckless behaviour of the Hirer or driver authorised by Ace;
- The Vehicle is operated outside the terms of this Agreement;
- The driver is convicted of committing a traffic offence that occurred while driving the Vehicle;
- The Vehicle is driven, (a) off-road, or (b) driven on roads other than tar-sealed or metal roads, or (c) driven on Skippers Canyon Road (Queenstown), or (d) the road to Macetown in the Queenstown area, or (e) the Valley Road (Mt. Cook), or (f) on any beach whatsoever (including 90 Mile Beach);
- Any type or grade of fuel or any other substance that is not specified as appropriate for the Vehicle by Ace or in the absence of Ace doing so, the Vehicle’s manufacturer, is injected or placed into the Vehicle’s fuel tank.
- It is agreed between Ace and the Hirer that section 11 of the Insurance Law Reform Act 1977 will apply with respect to the above exclusions as if this clause constituted a contract of insurance.
9. ACE COVER OPTION
- The purchase of an Ace Cover Option (ACO) reduces the Excess and Bond required by Ace as specified in this Agreement.
- ACO can only be purchased in-person at an Ace branch.
- No refunds will be provided.
- ACO cannot be purchased for only a portion of the rental period.
- If ACO is purchased after the rental period has commenced, the amount charged to the Hirer will relate to the entire rental period (and any extension period).
10. RENTAL DURATION & EXTENSIONS
- In the event of an accident or cancellation for any reason, no refund of the unused hire period will be made. Provision of a replacement Vehicle is entirely at Ace’s discretion.
- Minimum hire periods may apply and are subject to change.
- The Vehicle must be returned to the Return Location stated on the Agreement before the end of the period of hire. Ace may in its unilateral discretion extend this Agreement to such time and date as it decides but otherwise the terms and conditions set out in this Agreement shall continue in full force and effect.
- If the Vehicle is returned outside of business hours the Vehicle remains the sole responsibility of the Hirer until normal business hours resume.
11. RETURN OF VEHICLE
- The vehicle shall be returned to the Return Location specified in the Agreement before the period of hire expires.
- The Hirer may request Ace to alter the Return Location. If Ace agrees, such alteration being entirely at Ace’s unilateral discretion, the Agreement is varied at such cost as Ace decides to charge but otherwise the terms and conditions set out in this Agreement shall continue in full force and effect.
- Ace may in its unilateral discretion charge the Hirer a fee of up to $250.00 for cleaning and deodorizing if upon its return the Vehicle is excessively dirty or has an unpleasant odour (whether interior and/or exterior).
- Ace may charge the Hirer a retrieval fee of up to $1000 if the Vehicle is returned to a Return Location not specified in the Agreement.
- Hire periods are calculated in 24hr periods from the commencement time and date recorded on the Agreement. Ace allows a 1 hour ‘grace period’ for return of the Vehicle. Ace may charge the Hirer the daily hire rate if the Vehicle is returned late.
12. WINDSCREEN & TYRE DAMAGE
- Broken windscreen, punctures and damaged tyres are at the cost of the Hirer subject to Hirer’s liability Excess as stated on the first page of this Agreement.
- The Bond is payable by credit card only.
- Ace reserves the right to retain all or part of the Bond for such period as is determined to be reasonable after the rental term to cover the cost of any damage to the vehicle, legal infringements (including Ace’s associated administration costs), damage to third-party’s property or other associated fees or costs outlined in the Agreement.
- In the event of an accident the Bond will be charged in full immediately regardless of fault.
- As insurance is not compulsory in New Zealand there is no guarantee that damage to the Vehicle by a third party will be recovered. Any damages caused to the Vehicle by a third-party which are unable to be recovered by reasonable means will be deducted from the Bond.
14. VEHICLE FEATURES
- Vehicle’s accessories, which may be fitted such as radio/CD players, air conditioning, USB, Bluetooth &/or any other accessories/features, are supplied “as is where is” & do not form any part of this Agreement.
15. ADDITIONAL FEES
- One way hires may incur additional fees.
- Location fees may apply to certain transport terminal locations. Road-user fees may apply to certain regions. These fees are provided at the time of booking.
16. CHANGES TO AGREEMENT
- This Agreement, the rates and conditions quoted on our website and on any printed materials are subject to change without notice. Ace will honour fees stated at time of booking.
- All rental costs must be paid to Ace prior to the commencement of the rental. The Hirer agrees that in the event of additional charges, permission is given for Ace to debit these directly to the customer’s credit card including but not limited to: damage, loss, costs, administration fees for traffic violations & parking fines, relocation fees, cleaning fees, late fees, &/or any other fees which are applicable.
- The Hirer agrees to indemnify Ace from & against all actions, claims, demands, losses, damages, costs (including Ace’s own solicitor and client costs), expenses, harm or other misadventure which the Hirer may suffer or incur or become liable for as a result of any use of the Vehicle in breach of this Agreement or any reckless or negligent act, error or omission of the Hirer or any driver or passenger of the Vehicle.
- The Hirer and any authorised driver acknowledges that any information collected by Ace about them (“information”) may be used within Ace for its business analysis and for any marketing (including direct marketing) or shared with any related company of Ace. The information may be made available by Ace to the Police and or Ministry of Transport and or NZTA in response to enquiries about the Vehicle’s use. The information may be made available to any intermediary through whom the Hirer made their booking. The information may be made available to any person identified in this Agreement. The Hirer has a right of access and correction of their information under the Privacy Act 1993.